Ferguson v Bundy [2006] QDC 77

DISTRICT COURT OF QUEENSLAND CITATION: Ferguson v Bundy [2006] QDC 077 PARTIES: CHRISTIAN WILLIAM FERGUSON Applicant v ERON GEORGE BUNDI Respondent FILE NO/S: 9/2006 DIVISION: Civil PROCEEDING: Application for Criminal Compensation ORIGINATING COURT: District Court DELIVERED ON: 7 April 2006 DELIVERED AT: Ipswich HEARING DATE: 13 March 2006 JUDGE: Richards DCJ ORDER: The respondent is ordered to pay the applicant the sum of $16,500 by way of compensation for injuries caused on 13 May 2004. CATCHWORDS: Criminal compensation – nervous shock COUNSEL: Mr R Frigo for the applicant No appearance for the respondent SOLICITORS: McCowans for the applicant -- 1 of 3 -- 2 [1] On 13 May 2004 the applicant was assaulted by the respondent whilst attempting to arrest him. The applicant was scratched by the respondent sustaining a deep scratch on his left forearm and a graze to his elbow. The scratch bled. [2] When he was attempting to escape arrest, the respondent was injured as well. After the arrest was effected he discovered that he was covered in the respondent’s blood. The respondent was a known intravenous drug user and had Hepatitis C. [3] As a result of his injury and exposure to the respondent’s blood, the applicant had to undergo blood tests to investigate whether he had acquired any infectious diseases. He now applies for criminal compensation as a result of this serious assault. [4] The applicant is a police officer and has been since 1992. In 1997 he was exposed to the possibility of infection after being assaulted. On that occasion he also had to undergo blood tests to see if he had contracted a contagious disease. When the test results came back he was told that he had contracted HIV. For ten days he believed that he was HIV positive, until a further blood test indicated that the original test was wrong. However, as a result of that trauma he now has an extreme aversion to blood tests and suffers from heightened anxiety and stress when it is necessary to undergo such tests. [5] As a result of this assault: • It was necessary for the applicant to undergo blood tests on a number of occasions. • The anxiety of waiting for the results together with the blood tests led to depression on his part. • He was very scared for his family. • He felt a loss of motivation to go to work. • He was a bit overwhelmed by the fact that he had to go through blood tests again and did not want to be in social situations. -- 2 of 3 -- 3 • He felt depressed and withdrawn and did not want to see anyone or speak to anyone. • He felt like he had food poisoning; felt sick in the stomach. Medical tests revealed no physical cause for his symptoms. • He suffered from sleep disturbance, weight fluctuation, increased alcohol use; and • He became more worried of the general public and particularly of offenders. [6] He was seen by Dr Larder, a psychiatrist, on 3 October 2005. At the time of examination, the applicant continued to exhibit apprehension and agitation when talking about the symptoms, and ongoing depressive symptoms. He has been using alcohol as a coping device for the symptoms reported. He was diagnosed with a chronic adjustment disorder with depressed and anxious mood. The doctor indicates that the psychiatric condition is interfering with his ability to work. He has mild impairment in concentration. He has moderate impairment in social functioning and moderate impairment in daily activities. [7] He is entitled to compensation under the Act. He did not in any way contribute to his injuries. He is entitled to compensation for mental and nervous shock in the sum of $15,000. He is also entitled to a moderate award for the scratch on his arm, in the sum of $1,500. ORDER The respondent is ordered to pay the applicant the sum of $16,500 by way of compensation for injuries caused on 13 May 2004. -- 3 of 3 --